The Complete 2004 Laws of Nigeria

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LIBRARIANS (REGISTRATION, ETC.) COUNCIL OF NIGERIA ACT

 ARRANGEMENT OF SECTIONS

SECTION

  1. Establishment of the Librarians (registration, etc.) Council of Nigeria.
  2. Functions of the Council.
  3. Membership of the Council.
  4. Qualifications and tenure of office of members.
  5. Financial provisions.
  6. Power of Minister to give directives to the Council.

The register

  1. Appointment of the registrar, preparation and maintenance of the register.
  2. Publication of register and list of corrections.

Registration

  1. Registration oflibrarians.
  2. Approval of institutions and courses of training and qualification by the Council.
  3. Appeal to the Federal High Court.
  4. Supervision of instruction and examinations leading to approved qualifications.
  5. Certificate of experience.
  6. Certificate by the registrar to be evidence of registration, etc.
  7. Registrar to notify the Association of entries in register.

Professional discipline

    16.  Establishment of the Librarians Disciplinary Committee, etc.

    17.  Penalty for unprofessional conduct, etc.

Miscellaneous

    18.  Offences.

    19.  Entitlement to practice, etc.

    20.  Regulations.

    21.  Interpretation.

    22.  Short title.

SCHEDULES

FiRST SCHEDULE

Supplementary provisions relating to the Council

       SECOND SCHEDULE

Supplementary provisions relating to the Disciplinary Committee
                                         and Investigating Panel

                            LIBRARIANS (REGISTRATION, ETC.) COUNCIL OF NIGERIA ACT

An Act to establish the Librarians (Registration, etc.) Council of Nigeria for the
registration of librarians and to make provisions for the practice of the profes-
sion and for matters connected therewith.

[1995 No. 12.]

[15th June, 1995]

[Commencement.]

  1. Establishment of the Librarians (Registration, etc.) Council of Nigeria

(1) There is hereby established a body to be known as the Librarians (Registration,
etc.) Council of Nigeria (in this Act referred to as "the Council").

(2) The Council shall be a body corporate with perpetual succession and a common
seal and may sue and be sued in its corporate name.

  1. Functions of the Council

The Council is hereby charged with the general duty of-

      (a)              determining who are librarians for the purposes of this Act;

     (b)              determining what standards of knowledge and skill are to be attained by per-
sons seeking to become registered as librarians (in this Act referred to as "the
profession") and reviewing those;

     (c)             standards from time to time as circumstances may require;  

    (d)              securing in accordance with the provisions of this Act, the establishment and
maintenance of a register of persons entitled to practice the profession and the publication, from time to time, of the lists of such persons;

   (e)              maintaining discipline within the profession in accordance with this Act; and  

   (f)               performing such other functions as may be conferred upon the Council by this Act.

 

  1. Membership of the Council

(1) Subject to the provisions of this Act, the Council shall consist of the following
members, that is-

      (a)              five persons to be appointed by the Minister, one of whom shall be the director
of the National Library and the others from amongst other interests in the field
of librarianship which in his opinion ought to be represented;

      (b)             five directors of State libraries to represent the State Library Boards on zonal
basis;

      (c)              twelve persons elected by the Nigerian Library Association (in this Act re-
ferred to as "the Association") in the manner for the time being provided in its
constitution;

      (d)              three persons to be appointed in rotation from such other association of librari-
ans as may be incorporated from time to time; and

      (e)              four persons to represent the universities or other institutions offering courses
leading to an approved qualification in librarianship, no two of whom shall
come from the same university or institution.

(2) The members of the Council shall elect one of their number to be the chairman of
the Council.

(3) The provisions of the First Schedule to this Act shall have effect with respect to
the procedure of the Council and the other matters mentioned therein.

[First Schedule.]

  1. Qualifications and tenure of office of members

(1) A person shall not be appointed a member of the Council unless he is a citizen of
Nigeria and is fully registered or qualified for registration as a librarian under this Act
and at the date of his appointment has been engaged in the practice of the profession for
not less than five years.

(2) The chairman shall hold office for a period of three years and shall be eligible for
re-appointment for one further period of three years and thereafter he shall no longer be
eligible for re-appointment.

(3) Subject to the following provisions of this section, a person who is a member of
the Council other than as an ex-officio member shall hold office for a period of three
years.

(4) The office of a member of the Council shall become vacant if .. -

      (a)             he becomes bankrupt or makes arrangements with his creditors; or

      (b)              he is as a result of physical or mental illness unable to discharge his functions
as a member of the Council; or

     (c)              he is convicted of an offence involving dishonesty, fraud or moral turpitude.

(5) Any member of the Council holding office other than by virtue of section 3 (1) (c) 
of this Act may, by notice addressed to the Minister, resign his office.

(6) A person who has ceased to be a member of the Council (except in the manner
provided in subsection (3) of this section) shall be eligible for re-appointment.

(7) Where a member of the Council ceases to hold office before the date when his
term of office would have expired by the affluxion of time, the body or person by whom
he was appointed or elected shall, as soon as may be, appoint, or as the case may be, elect
a person to fill the vacancy for the residue of the term aforesaid, so however that the
foregoing provisions of this subsection shall not apply where a person holding office as a

member of the Council has ceased to hold office at a time when the residue of his term
does not exceed one year.

5. Financial provisions

(1) The Council shall establish and maintain a fund from which shall be defrayed all
expenditure incurred by the Council.

(2) There shall be paid and credited to the fund established pursuant to subsection (I)
of this section-

       (a)              such moneys as may be provided to the Council by way of grant or by way of
loan or otherwise howsoever; and

                                (b)             all other moneys that may accrue to the Council under this Act.

(3) The Council shall prepare and submit to the Minister not later than the 30th of
September in each year an estimate of its expenditure and income during the next suc-
ceeding year.

(4) The Council shall keep proper accounts in respect of each year and proper records
in relation to those accounts and shall cause the accounts to be audited as soon as may be
after the end of the year to which the accounts relate by auditors appointed from the list
and in accordance with the guidelines supplied by the Auditor-General for the Federation.

(5) The Council shall prepare and submit to the Minister not later than twelve months
after its establishment and once in each year thereafter, a report on the activities of the
Council during the last preceding year and shall include in the report a copy of the
audited accounts of the Council for that year and of the auditors report thereon.

(6) The Council shall not have power to borrow money or dispose of any property
except with the prior consent of the Minister and it shall not have power to pay remu-
nerations (including pensions), allowances or expenses to any member, employee of the
Council or to any other person except in accordance with the scales approved by the
Minister.

6.Power of Minister to give directives to the Council

The Minister may give to the Council directives of a general character or relating
generally to particular matters (but not to any individual person or case) with regard to
the exercise by the Council of its functions and it shall be the duty of the Council to com-
ply with the directives.

The register

7. Appointment of the registrar, preparation and maintenance of the register

(1) It shall be the duty of the Council to appoint as the registrar for the purposes of
this Act, a fit and proper person having not less than ten years experience as a quali fied
librarian.

(2) The registrar shall also act as secretary to the Council.

 (3) It shall be the duty of the registrar to prepare and maintain, in accordance with
rules made by the Council under this section, a register of librarians (in this Act referred
to as "the register").

(4) The register shall contain the names, addresses, approved qualifications and such
other particulars as may be specified by the Council, of all persons who are entitled in
accordance with the provisions of this Act to be registered as librarians and who apply in
the specified manner to be so registered.

(5) Subject to the following provisions of this section, the Council may make rules
with respect to the form and keeping of the register and the making of entries therein, and
in particular-

      (a)             regulating the making of applications for registration and providing for the
evidence to be produced in support of applications;

      (b)             providing for the notification to the registrar, by the person to whom any reg-
istered particulars relate, or any change in those particulars;

      (c)              authorising a registered person to have any qualification which is registered in
relation to his name in addition to or, as he may elect, in substitution for any
other qualification so registered;

      (d)             specifying the fees to be paid to the Council in respect of the entry of names in
the register and authorising the registrar to refuse to enter a name on the regis-
ter until any fee specified for the entry has been paid; and

      (e)              specifying anything falling to be specified under the foregoing provisions of
this section.

(6) Any rules made for the purposes of paragraph (d) of subsection (5) of this section
shall not come into force until they are confirmed by the secretary.

(7) It shall be the duty of the registrar-

      (a)              to correct, in accordance with the Council's directions, any entry in the register
which the Council directs him to correct as being in the Council's opinion an
entry which was incorrectly made;

      (b)              to make, from time to time, any necessary alterations to the registered particu-
lars of registered persons; and

      (c)              to remove from the relevant part of the register, the name of any registered
person who has died or, as the case may be, has ceased to be entitled to be
registered.

(8) If the registrar-

      (a)              sends by post to any registered person, a registered letter addressed to him at
his address on the register enquiring whether the registered particulars relating
to him are correct and receives no reply to the letter within the period of six
months from the date of posting; and

      (b)              upon the expiration of that period, sends in like manner to the person in ques-
tion a second similar letter and receives no reply to that letter within three
months from the date of posting it,

the registrar may remove the particulars relating to the person in question from the rele-
vant part of the register, provided that the Council may, for any reason which seems to it
to be sufficient, direct the registrar to restore to the appropriate part of the register any
particulars removed therefrom under this subsection.

  1. Publication of register and list of corrections 
    (1) It shall be the duty of the registrar-

      (a)             to cause a list of persons whose names and qualifications are contained in the
register to be printed, published and put on sale to members of the public not
later than six months from the beginning of the year in which this Act comes
into force;

      (b)             in each year after that in which a register is first published under paragraph (a) 
of this subsection, to cause to be printed, published and put on sale as afore-
said, either a corrected edition of the register or a list of corrections made to
the register since it was last printed; and

      (c)               to cause a print of each edition of the register and of each list of corrections to
be deposited at all offices of the Council and the Council shall cause the regis-
trar to keep the register and lists so deposited to remain open at all reasonable
times for inspection by members of the public.

(2) A document, purporting to be a print of an edition of a register published under
this section by authority of the registrar in the current year, or documents purporting to be
prints of an edition of a register so published in a previous year and of a list of corrections
to that edition so published in the current year, shall (without prejudice to any other mode
of proof) be admissible in any proceeding as evidence that any person specified in the
document or documents read together, as being registered, is so registered, and that any
person not so specified is not so registered.

Registration

  1. Registration of librarians

(1) Subject to rules made under subsection (5) of section 7 of this Act, a person shall
be entitled to be registered as a librarian if-

      (a)             he possesses the requisite qualifications approved by the Council under this
Act;

       (b)              not being a Nigerian, he holds a qualification granted outside Nigeria which
for the time being is accepted by the Council and he is by law entitled to prac-
tice for all purposes as a librarian in the country in which the qualification was
granted; so however that the other country accords Nigerian professional li-
brarians the same reciprocal treatment and that he satisfies the Council that he
has sufficient practical experience as a librarian.

(2) An applicant for registration under this Act shall, in addition to evidence of quali-
fication, satisfy the Council that-

      (a)              he is of good character; and

      (b)              he has not been convicted in Nigeria or elsewhere of an offence involving
fraud or dishonesty.

10. Approval of institutions and courses of training and qualification by the Coun-
cil

(1) For the purposes of section 9 of this Act, the Council may approve-

      (a)              any institution whether in Nigeria or elsewhere which the Council considers is
properly organised and equipped for conducting a course of training approved
by the Council under this section;

      (b)             any course of training which is intended for persons who are seeking to be-
come or are already members of the profession and which the Council consid-
ers is designed to confer on persons completing it sufficient knowledge and
skill for the practice of that profession; and

      (c)               any qualification which, as a result of examination taken in conjunction with
the course of training approved by the Council under this section, is granted to
candidates reaching a standard at the examination indicating, in the opinion of
the Council, that they have sufficient knowledge and skill for the practice of
the profession.

(2) The Council shall, from time to time, publish in the Gazette a list of any qualifi-
cations in the profession of librarianship approved by it, subject thereto, the Council shall
not approve for the purposes of subsection (1) of this section a qualification granted by an
institution in Nigeria unless such qualification has been included in the list published by
the Council.

(3) The Council may, if it thinks fit, withdraw any approval given under this section
in respect of any course, qualification or institution but before withdrawing such an ap-
proval, the Council shall-

      (a)              give notice that it proposes to do so to persons in Nigeria appearing to the
Council to be persons by whom the course is conducted or the qualification is
granted or the institution is controlled, as the case may be;

      (b)              afford each such person an opportunity of making to the Council representa-
tions with regard to the proposal; and

      (c)              take into consideration any representations made as respects the proposal in
pursuance of paragraph (bof this subsection.

(4) As respects any period during which the approval of the Council under this sec-
tion for a course, qualification or institution is withdrawn, the course, qualification or
institution shall not be treated as approved under this section; but the withdrawal of such
an approval shall not prejudice the registration or eligibility for registration of any person
who by virtue of the approval was registered or eligible for registration immediately be-
fore the approval was withdrawn.

(5) The giving or withdrawal of an approval under this section shall have effect from
such date, either before or after the execution of the instrument signifying the giving or
withdrawal of the approval, as the Council may specify in the instrument; and the Coun-
cil shall-

      (a)             as soon as may be, publish a copy of every such instrument in the Gazetteand

      (b)              not later than seven days before its publication as aforesaid, send a copy of the
instrument to the Minister.

11. Appeal to the Federal High Court

(1) Where for any reason an application for registration is refused by the Council, the
applicant may, within the prescribed period and in the prescribed manner, appeal from
the decision of the Council to the Federal High Court; and where such an appeal is
brought, the Federal High Court may, after considering the representation made in the
matter, either confirm or set aside the decision of the Council.

(2) Where the Federal High Court sets aside the decision of the Council, the Court
shall direct the Council to register the applicant in the manner provided for in section 9 of
this Act.

12. Supervision of instruction and examinations leading to approved qualifications

(1) It shall be the duty of the Council to keep itself informed of the nature of the in-
structions given at approved institutions and examinations taken by persons attending
approved courses of training and for the purposes of performing that duty, the Council
may appoint, either from among its own members or otherwise, persons to visit approved
institutions or to oversee such examinations.

(2) It shall be the duty of a Visitor appointed under this section to report to the Coun-
cilon-

       (a)              the adequacy or otherwise of the instruction given to persons attending ap-
proved courses of training at institutions visited by him;

       (b)              the adequacy or otherwise of the examinations conducted at any institution
inspected by him; and

       (c)              any other matter relating to the institutions or examinations on which the
Council may, either generally or in a particular case, request him to report,

but no Visitor shall interfere with the giving of any instruction or the holding of any ex-
amination.

(3) On receiving a report made in pursuance of this section, the Council shall, as soon
as may be, send a copy of the report to the person appearing to the Council to be in
charge of the institution or responsible for the examinations to which the report relates
requesting that person to make observations on the report to the Council within such pe-
riod as may be specified in the request, not being less than one month beginning with the
date of the request.

13. Certificate of experience

(1) Any person who, having qualified as a librarian by examination after the com-
mencement of this Act or within two years before its commencement, as the case may be,
satisfies the conditions specified in subsection (2) of this section, may apply for and be
entitled to receive, free of charge, a certificate of professional competence from the per-
son mentioned in subsection (2) of this section, entitling him to be fully registered as a
librarian under this Act and such certificate shall, when received by the person, be filed
with his application for full registration.

 (2) The conditions referred to in subsection (1) of this section are that-

      (a)              he shall have served his time for the prescribed period in Nigeria in an ap-
proved library with a view to obtaining a certificate of experience;

      (b)              he shall, during his service in the approved library, have acquired practical
experience under the personal supervision and guidance of at least one or more
registered librarians for such period as may be prescribed; and

      (c)              the manner in which he carried out the duties in the approved office and his
conduct shall have been satisfactory.

(3) It shall be the duty of the employer, being a librarian supervising the work of a
person employed with a view to obtaining a certificate of experience, to ensure that a
person so employed is afforded proper opportunities of acquiring the practical experience
required for the purposes of paragraph (a) of subsection (2) of this section.

(4) Where, after having completed the prescribed period, a person affected applies for
and is refused a certificate of experience he shall be entitled-

      (a)              to receive from his employer particulars in writing of the grounds of the re-
fusal; and

      (b)              to appeal from the refusal to a committee of the Council in accordance with
rules made by the Council in that behalf (including rules as to the time within
which appeals are to be brought), and on any such appeal, the committee may
either dismiss the appeal or itself issue the certificate of experience in question
or give such other direction in the matter, as it considers just.

14. Certificate by the registrar to be evidence of registration, etc.

A certificate under the hand of the registrar to the effect that any person was or was
not registered as a librarian under this Act at any time or during any period specified in
the certificate or as to any entry in the register or as to any act or proceedings of the
Council shall, until the contrary is proved, be sufficient evidence of the matters specified
therein.

15. Registrar to notify the Association of entries in register

The registrar shall, as soon as practicable, after the entry in the register of any per-
son's name, or after the removal of such name from the register, give notice in writing to
the Association of the entry or removal, as the case may be, together with all the particu-
lars relevant thereto.

Professional discipline

16. Establishment of the Librarians Disciplinary Committee, etc.

(1) There shall be established a committee to be known as the Librarians Disciplinary
Committee (in this Act referred to as "the Disciplinary Committee") which shall be
charged with the duty of considering and determining any case referred to it by the Panel
established by the following provisions of this section and any other case of which the
Disciplinary Committee has cognisance under the following provisions of this Act.

 (2) The Disciplinary Committee shall consist of the chairman of the Council and ten
other members of the Council appointed by the Council of whom not less than four shall
be members of the Council holding office by virtue of paragraph (cof section 3 (1) of
this Act or where the number of those members is for the time being less than four of all
those members.

(3) There shall be a body to be known as the Librarians Investigating Panel (in this
Act referred to as "the Investigating Panel") which shall be charged with the duty of-

      (a)             conducting a preliminary investigation into any case where it is alleged that a
person registered has misbehaved in his capacity as a librarian or should for
any other reason be the subject of proceedings before the Disciplinary Com-
mittee;

      (b)             deciding whether the case should be referred to the Disciplinary Committee;
and

      (c)              submitting a report on any action taken by the Investigating Panel to the Disci-
plinary Committee.

(4) The Investigating Panel shall be appointed by the Council and shall consist of
seven members of the Council.

(5) The registrar shall act as secretary to the Disciplinary Committee.

(6) The provisions of the Second Schedule to this Act shall, so far as applicable to the
Disciplinary Committee and the Investigating Panel respectively, have effect with respect
to those bodies.

[Second Schedule.]

17. Penalty for unprofessional conduct, etc.

(1) Where-

      (a)              a registered person under this Act is adjudged by the Disciplinary Committee
to be guilty of infamous conduct in a professional respect; or

      (b)              a person registered under this Act is convicted in Nigeria or elsewhere by any
court or tribunal having power to award punishment for an offence (whether or
not such an offence is punishable with imprisonment) which in the opinion of
the Disciplinary Committee is incompatible with the status of a librarian; or

                               (c)              the Disciplinary Committee is satisfied that the name of any person has been

       fraudulently registered,

the Disciplinary Committee may, if it thinks fit, give a direction reprimanding that per-
son; or ordering the registrar to strike his name off the register permanently or for a
shorter period as the case may be.

(2) The Disciplinary Committee may, if it thinks fit, defer or further defer its decision
as to the giving of a direction under subsection (1) of this section until a subsequent
meeting of the Disciplinary Committee, but-

      (a)              no decision shall be deferred under this subsection for periods exceeding six
months in the aggregate; and

      (b)              no person shall be a member of the Disciplinary Committee for the purpose of
reaching a decision which has been deferred or further deferred unless he was
present as a member of the Disciplinary Committee when the decision was de-
ferred.

(3) For the purposes of subsection (1) of this section, a person shall not be treated as
convicted as mentioned in paragraph (a) of that subsection unless the conviction stands at
a time when no appeal or further appeal is pending or may (without extension of time) be
brought in connection with the conviction.

(4) When the Disciplinary Committee gives a direction under subsection (1) of this
section, it shall give notice of the direction to be served on the person to whom it relates.

(5) The person to whom such a direction relates may, at any time within twenty-eight
days from the date of service on him of the direction, appeal against the direction to the
Federal High Court and the Disciplinary Committee may appear as respondent to the ap-
peal and, for the purpose of enabling directions to be given as to the costs of the appeal
before the Federal High Court, the Disciplinary Committee shall be deemed to be a party
thereto, whether or not it appears on the hearing of the appeal.

(6) A direction of the Disciplinary Committee under subsection (1) of this section
shall take effect-

      (a)              where no appeal under this section is brought against the direction within the
time limited for the appeal, on the expiration of that time; or

      (b)              where such an appeal is brought and is withdrawn or struck out for want of
prosecution, on the withdrawal or striking out of the appeal; or

      (c)              where such an appeal is brought and is not withdrawn or struck out as afore-
said, if and when the appeal is dismissed, and not otherwise howsoever.

(7) A person whose name is removed from the register in pursuance of a direction of
the Disciplinary Committee under this section shall not be entitled to be registered again
except in pursuance of a direction in that behalf given by the Disciplinary Committee on
the application of that person.

(8) A direction under this section for the removal of a person's name from the regis-
ter may prohibit an application under subsection (7) of this section by that person until
the expiration of such period from the date of the direction (and where he has duly made
such an application, from the date of his last application) as may be specified in the di-
rection.

Miscellaneous

18. Offences

(1) Any person, not being a person duly registered under this Act, who-

      (a)              for or in expectation of a reward, practices or holds himself out to practice as a
registered librarian; or

      (b)              without reasonable excuse, takes or uses any name, title, addition or descrip-
tion implying that he is authorised by law to practice as a registered librarian,

shall be guilty of an offence under this section.

 (2) If any person, for the purpose of procuring the registration of any name, qualifi-
cation or other matter-

      (a)            makes a statement which is false in a material particular; or

      (b)            recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence under this Act.

(3) If the registrar or any other person employed by the Council wilfully makes any
falsification in any matter relating to the register maintained under this Act, he shall be
guilty of an offence.

(4) A person guilty of an offence under this Act shall be liable-

      (a)              on conviction in a magistrate's court to a fine not exceeding N500 and, where
the offence is a continuing one, to a further fine not exceeding N50 for each
day during which the offence continues;

      (b)              on conviction in a High Court, to a fine not exceeding N1,000 or imprison-
ment for a term not exceeding two years or to both such tine and imprisonment
and, where the offence is a continuing one, to a further fine not exceeding
N100 for each day during which the offence continues.

(5) Where an offence under this section has been committed by a body corporate and
it is proved to have been committed with the consent or connivance of, or to be attribut-
able to any neglect on the part of any director, manager, secretary, or other similar officer
of the body corporate, or any person purporting to act in any such capacity, he, as well as
the body corporate, shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.

19. Entitlement to practice, etc.

(1) A registered librarian shall (but to the extent only of his particular qualifications)
be entitled to practice as a librarian throughout the Federation.

(2) It shall be the duty of the person in charge of each university or other institution
of higher learning in Nigeria having a faculty by whatever name called, at which there is
held a course of training intended for persons who are seeking to become registered li-
brarians under this Act, to furnish to the registrar, not later than the 31 st day of March in
each year, a list of the names and such other particulars as the Council may specify, of all
persons who attended any such courses at the institution in question at any time during
the last preceding year.

20. Regulations

In addition to any other power to make regulations under this Act, the secretary may
make all such regulations as may in his opinion, be necessary or expedient for giving full
effect to the provisions of this Act and for the administration thereof.

21. Interpretation

(1) In this Act, unless the context otherwise requires-

"approved qualification" means any qualification which is for the time being ap-
proved by the Council;

"Council" means the Librarians (Registration, etc.) Council of Nigeria established
under section I of this Act;

"librarianship" means the art and science of selecting, acquiring, organising, describ-
ing, classifying, administering, preserving, conserving, utilising books, journals, non-
book materials, audio visual, print and non-print materials and including the dissemina-
tion of information and knowledge;

"librarian" means any person registered or deemed to be registered as such under
this Act;

"Minister" means the Minister for the time being charged with responsibility for
matters relating to library services and "Ministry" shall be construed accordingly;

"profession" means the profession of librarianship;

"register" means the register maintained under section 7 of this Act and "registered"
shall be construed accordingly;

"registrar" means the registrar appointed in pursuance of section 7 of this Act.

(2) For the purposes of this Act, a person is registered if his name is for the time being entered in the register.

22. Short title

This Act may be cited as the Librarians (Registration, etc.) Council of Nigeria Act.

       

                SCHEDULES

                  FIRST SCHEDULE
                   [Section 3 (3).]

Supplementary provisions relating to the Council

Proceedings of the Council

1. Subject to the provisions of this Act and of section 27 of the Interpretation Act, the Coun-
cil may make standing orders regulating the proceedings of the Council or of any committee
thereof.

[Cap. 123.]

2. The quorum of the Council shall be eight and the quorum of any committee of the Council
shall be determined by the Council.

3. (1) Subject to the provisions of any standing orders of the Council, the Council shall meet
whenever it is summoned by the chairman of the Council and in any case not less than four
times in any year and if the chairman is required so to do by notice given to him by not less

than six other members, he shall summon a meeting of the Council to be held within fourteen
days from the date on which the notice is given.

(2) At any meeting of the Council, the chairman shall preside, but in his absence, the
members present at the meeting shall appoint one of their number to preside at that meeting.

(3) Where the Council desires to obtain the advice of any person on a particular matter,
the Council may eo-opt him as a member for such period as it thinks fit, but a person who is a
member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the
Council and shall not count towards a quorum.

(4) Notwithstanding anything in the foregoing provisions of this paragraph, the first
meeting of the Council shall be summoned by the Minister who may give such direction as he
thinks fit as to the procedure which shall be followed at the meeting.

Committees

4. (1) The Council may appoint one or more committees to carry out, on behalf of the Coun-
cil, such of its functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons
determined by the Council, and not more than one-third of those persons may be persons who
are not members of the Council, and a person other than a member of the Council shall hold
office in the committee in accordance with the terms of the letter by which he is appointed.

(3) A decision of a committee of the Council shall be of no effect until it is confirmed
by the Council.

Miscellaneous

5. (1) The fixing of the seal of the Council shall be authenticated by the signature of the
chairman or of some other members authorised generally or specially by the Council to act for
that purpose by the Council.

(2) Any contract or instrument, which if made or executed by a person not being a body
corporate would not be required to be under seal, may be made or executed on behalf of the
Council by any person generally or specially authorised to act for that purpose by the Council.

(3) Any document duly executed under the seal of the Council shall be received in evi-
dence and shall, unless the contrary is proved, be deemed to be so executed.

6. The validity of any proceedings of the Council or of a committee thereof shall not be af-
fected by any vacancy in the membership of the Council or committee, or by any defect in the
appointment of a member of the Council or of a person to serve on the committee, or by rea-
son that a person not entitled to do so took part in the proceedings.

7. Any member of the Council, or any person holding office on a committee of the Council,
who has a personal interest in any contract or arrangement entered into or proposed to be con-
sidered by the Council or a committee thereof shall forthwith disclose his interest to the
Council or committee and shall not vote on any question relating to the contract or arrange-
ment.

8. A person shall not, by reason only of his membership of the Council be treated as holding
an office in the public service of the Federation or of any State thereof.

             SECOND SCHEDULE
                [Section 16 (6).]

Supplementary provisions relating to the Disciplinary Committee
                                             and Investigating Panel

The Disciplinary Committee

  1. The quorum of the Disciplinary Committee shall be six.

2.(1) The Attorney-General of the Federation shall make rules as to the procedure to be
followed and the rules of evidence to be observed in proceedings before the Disciplinary
Committee.

(2) The rules shall in particular provide-

                (a)                    for securing that notice of the proceedings shall be given, at such time and in
such manner as may be specified by the rules, to the person who is the subject

                                        of the proceedings;                                             .

                (b)                    for determining who, in addition to the person aforesaid, shall be a party to the
proceedings;

                (c)                    for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Committee;

                (d)                    for enabling any party to the proceedings to be represented by a legal practitioner;
 

                (e)                    subject to the provisions of section 17 (5) of this Act, as to the costs of proceedings before the Disciplinary Committee;

               (f)                      for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Disciplinary Committee adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in
respect of the matter to which the allegation relates; and

                (g)                    for publishing in the Gazette notice of any direction of the Disciplinary Com-
mittee which has taken effect providing that a person's name shall be struck off
a register or that a person shall be suspended from practice.

(3) For the purposes of any proceedings before the Disciplinary Committee, any mem-
ber of the Disciplinary Committee may administer oaths and any party to the proceedings may
issue out of the registry of the Federal High Court, as the case may require, writs of subpoena
ad testificandum and duces tecum, but no person appearing before the Disciplinary Committee
shall be compelled-

                (a)                   to make any statement before the Disciplinary Committee tending to incrimi-
nate himself; or

                (b)                   to produce any document under such writ which he could not be compelled to
produce at the trial of an action.

Assessor

4. (1) For the purpose of advising the Disciplinary Committee on questions of law arising in
proceedings before it, there shall in all such proceedings be an assessor to the Disciplinary
Committee who shall be appointed by the Council on the recommendation of the Attorney-
General of the Federation and shall be a legal practitioner of not less than seven years stand-
ing.

 (2) An assessor, when nominated in accordance with sub-paragraph (1) of this para-
graph, shall be appointed by the Council by instrument, and the assessor shall hold and vacate
office as provided in the instrument and where the appointment is not a general one, it shall
have effect only in respect of a particular meeting of the Disciplinary Committee.

(3) Subject to the terms of his appointment, an assessor shall attend any meeting of the
Disciplinary Committee as and when requested to do so by notice in writing given to him by
the registrar not later than three clear days before the date appointed for the meeting, and he
shall thereat advise the Disciplinary Committee on questions of law arising in proceedings
before it.

(4) Except where the Disciplinary Committee is deliberating in private, the advice of the
assessor on questions of law as to evidence, procedure and as to compliance with this Act
shall be tendered in the presence of every party or of his counsel.

(5) If the advice by the assessor to the Disciplinary Committee is given otherwise than
in the presence of all parties or, as the case may be, of their counsel, the assessor shall, as soon
as may be thereafter, inform all the parties as to the nature of the advice given and the reaction
thereto of the Disciplinary Committee.

The Investigating Panel 
5. The quorum of the Investigating Panel shall be three.

6. (1) The Investigating Panel may, at any meeting attended by not less than six members
thereof, make standing orders with respect to the Investigating Panel.

(2) Subject to the provisions of any such standing orders, the Investigating Panel may
regulate its own procedure.

Miscellaneous

7. (1) A person ceasing to be a member of the Disciplinary Committee or the Investigating
Panel shall be eligible for re-appointment as a member of that body for one further term and
thereafter he shall no longer be eligible for re-appointment.

(2) A person may, if otherwise eligible, be a member of both the Disciplinary Commit-
tee and the Investigating Panel, but no person who acted as a member of the Investigating
Panel with respect to any case shall act as a member of the Disciplinary Committee with re-
spect to that case.

8. The Disciplinary Committee or the Panel may act notwithstanding any vacancy in its
membership and the proceeding of either body shall not be invalidated by any irregularity in
the appointment of a member of that body, or (subject to sub-paragraph (2) of paragraph 7 of
this Schedule) by reason of the fact that any person who was not entitled to do so took part in
the proceedings of that body.

9. The Disciplinary Committee and the Investigating Panel may each sit in two or more divi-
sions.

10. Any document authorised or required by virtue of this Act to be served on the Discipli-
nary Committee or the Investigating Panel shall be served on the registrar.

11. Any expenses of the Disciplinary Committee or the Investigating Panel shall be defrayed
by the Council.

                                         LIBRARIANS (REGISTRATION, ETC.) COUNCIL OF NIGERIA ACT

                                   SUBSIDIARY LEGISLATION

                                   No Subsidiary Legislation